A sidecar passenger sued the motorcycle driver for injuries sustained during a race when he was unable to stop because he missed his gear and his brakes failed at the same time.
Held: The court approved the Wooldridge approach as the applicable standard so far as the claim was based on the rider missing his gear, but said the same did not apply to the brake failure because the fault had occurred before the race in the relative calm of the workshop.
Judges:
Sir John Arnold
Citations:
[1982] RTR 8
Jurisdiction:
England and Wales
Citing:
Approved – Wooldridge v Sumner CA 1963
A spectator was injured at a horse show.
Held: The court considered the defence of volenti non fit injuria: ‘The maxim in English law presupposes a tortious act by the defendant. The consent that is relevant is not consent to the risk of . .
Cited by:
Cited – Caldwell v Maguire and Fitzgerald CA 27-Jun-2001
The claimant, a professional jockey, had been injured when he was unseated as a result of manoeuvres by two fellow jockeys. At trial the judge identified five principles: ‘[1] Each contestant in a lawful sporting contest (and in particular a race) . .
Lists of cited by and citing cases may be incomplete.
Negligence, Road Traffic
Updated: 30 April 2022; Ref: scu.198438
